Lender Financial Group, LLC v. Palomares et al

Filing 13

ORDER TO SHOW CAUSE; ORDER VACATING HEARING RE DKT #11 Order to Show Cause Hearing set for 5/27/2010 10:00 AM. Show Cause Response due by 5/20/2007.. Signed by Judge Maria-Elena James on 5/4/2010. (mejlc1, COURT STAFF) (Filed on 5/4/2010)

1 2 3 4 5 6 7 8 9 10 11 UNITED UNITED STATES DISTRICT COURT 12
For the Northern District of California

UNITED STATES DISTRICT COURT Northern District of California
LENDER FINANCIAL GROUP, LLC, v. Plaintiff,

No. C 10-1612 MEJ ORDER TO SHOW CAUSE ORDER VACATING HEARING RE: MOTION TO REMAND (DKT #11)

JISSEL PALOMARES and JOSE GARCIA, Defendants. _____________________________________/

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On April 15, 2010, Defendants Jissel Palomares and Jose Garcia removed the abovecaptioned matter from the San Joaquin Superior Court, based on diversity jurisdiction under 28 U.S.C. §1332. (Dkt. #1.) However, in their Notice of Removal, both defendants state that they reside in California. (Dkt. #1 2:22-28.) As Plaintiff Lender Financial Group, LLC is also a resident of California, (Compl. ¶1, Ex. A, Dkt. #1), there appears to be no basis for diversity jurisdiction. Accordingly, the Court hereby ORDERS Defendants Jissel Palomares and Jose Garcia to show cause why this case should not be remanded to the San Joaquin Superior Court for lack of jurisdiction. Defendants shall file a declaration by May 20, 2010, and the Court shall conduct a hearing on May 27, 2010 at 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden Gate Avenue, San Francisco, California. The hearing on Plaintiff's Motion to Remand is VACATED. (Dkt. #11.) IT IS SO ORDERED.

Dated: May 4, 2010

_______________________________ Maria-Elena James Chief United States Magistrate Judge

1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12
For the Northern District of California

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA LENDER FINANCIAL GROUP, Plaintiff, v. JISSEL PALOMARES et al, Defendant. /

Case Number: CV10-01612 MEJ CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on May 4, 2010, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Jissel Palomares 237 Kearny Street, #191 San Francisco, CA 94108 Jose Garcia 3344 Zaccaria Way Stockton, CA 95212 Dated: May 4, 2010 Richard W. Wieking, Clerk By: Brenda Tolbert, Deputy Clerk